Ask about our EOY Promotion!

Privacy Policy

Standard Terms and Conditions Last amended on June 8, 2020

THESE STANDARD TERMS AND CONDITIONS (TOGETHER WITH THE BLUEBIRD (AS DEFINED BELOW) DOCUMENTS REFERENCED HEREIN, THESE “STANDARD TERMS”) ARE FOR BLUEBIRD CX, INC. (“BLUEBIRD”) AND APPLY TO THE PROVISION OF ACCESS TO THE BLUEBIRD TECHNOLOGY (AS DEFINED BELOW) AND RELATED SERVICES PURSUANT TO THE QUOTATION OR OTHER DOCUMENTATION INTO WHICH THESE STANDARD TERMS ARE INCORPORATED BY REFERENCE (THE “QUOTATION”) SIGNED OR OTHERWISE AGREED TO BY CUSTOMER (AS DEFINED IN THE QUOTATION). CAPITALIZED TERMS USED, BUT NOT DEFINED, HEREIN WILL HAVE THE MEANINGS SET FORTH IN THE QUOTATION. ACCEPTANCE OF THESE STANDARD TERMS IS REQUIRED AS A CONDITION TO ACCESSING AND USING THE BLUEBIRD TECHNOLOGY.

BLUEBIRD PRIVACY POLICY

Last Updated 6.10.2020

Welcome to the website (the “Site”) of Bluebird CX, Inc. (“Bluebird,” “we,” “us,” or “our”). Bluebird provides a web-based application which allows users (“Senders”) to send personalized packages, handwritten notecards, and branded promotional swag designed, sourced, and stored by Bluebird (“Packages”) to Senders’ customers, potential customers, and other marketing leads/contacts (“Recipients”). Such services, including the Site, are referred to collectively in this Privacy Policy as the “Service”.

This Privacy Policy explains what Personal Data (defined below) we collect, how we use and share that data, and your choices concerning our data practices. This Privacy Policy is incorporated into and forms part of our
Terms of Service.

Before using the Service or submitting any Personal Data to Bluebird, please review this Privacy Policy carefully and
contact us if you have any questions. By using the Service, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Service.

PERSONAL DATA WE COLLECT

We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”) as follows:

Personal Data You Provide: We collect Personal Data when you create an account, send or receive a Package, and contact us for support. The Personal Data collected during these interactions may vary based on what you choose to share with us, but it will generally include name, email, company name, telephone and address. If you are a Recipient, we will collect Recipient Data (defined below) and, if you are not able to receive Packages at your work mailing address, with your consent we will also collect your home address.

Personal Data We Collect Through Our Social Media Pages: We have pages on social media sites like Instagram, Medium, Twitter, and LinkedIn (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.]

Personal Data Processed on Behalf of Senders: In order to provide the Services, we connect to Senders’ sales and marketing systems (such as customer relationship management services). Through those connections, we may receive Personal Data about Recipients that Senders make available to us, such as name, email, phone, work address, company name, any communications exchanged between Senders and Recipients through systems connected to the Service, and information about Packages sent to Recipients (“Recipient Data”). Recipient Data does not include Recipients’ home addresses. We process Recipient Data pursuant to our Terms of Service and other agreements with Senders. If you are a Recipient and would no longer like your Recipient Data to be used by a Sender or you would like to access, correct or request deletion of your Recipient Data, please contact the Sender that you interact with directly.

Personal Data We Receive Automatically From Your Use of the Service:  When you visit, use and interact with the Service, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information is created and automatically logged in our systems:

Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.

Cookies: Please see the “
Cookies” section below to learn more about how we use cookies.

Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.

Usage Information: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.

Cookies: We use cookies to operate and administer our Site, gather usage data on our Site and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit
All About Cookies.

Analytics: We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. For more information on how Google uses this data, go to
www.google.com/policies/privacy/partners/. We also use another analytics service called Mixpanel. To opt out of that service, please visit https://mixpanel.com/optout.

Online Tracking and Do Not Track Signals: We and our third party service providers may use cookies, pixels or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.]  

Your Choices. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

Internet Explorer
Mozilla Firefox
Google Chrome
Apple Safari

Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.

Advertising networks may use cookies to collect Personal Data. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at
http://www.networkadvertising.org and follow the opt-out instructions there.

If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.

HOW WE USE PERSONAL DATA

We may use Personal Data for the following purposes:

To provide the Service, including to make suggestions on what to send and what to market, to successfully ensure delivery of Packages, to provide tracking of orders, to fulfill orders, and to measure and track marketing efforts and return-on-investment;
To respond to your inquiries, comments, feedback or questions;
To send administrative information to you, for example, information regarding the Service, and changes to our terms, conditions, and policies;
To analyze how you interact with our Service;
To maintain and improve the content and functionality of the Service;
To develop new products and services;
To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture and networks; and
To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties.

Aggregated Information. We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our Service, to improve and add features to our Service, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Service, through cookies, and through other means described in this Privacy Policy.

Marketing. We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may
contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.

SHARING AND DISCLOSURE OF PERSONAL DATA

In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:

Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including providers of hosting services, cloud services and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and web analytics services. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.

Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.

Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.

UPDATE YOUR INFORMATION

Please log in to your account or
contact us if you need to change or correct your Personal Data.

CHILDREN

Our Service is not directed to children who are under the age of 13. Bluebird does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to Bluebird through the Service please
contact us and we will endeavor to delete that information from our databases.

LINKS TO OTHER WEBSITES

The Service may contain links to other websites not operated or controlled by Bluebird, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

SECURITY

You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to Bluebird via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.

INTERNATIONAL USERS

By using our Service, you understand and acknowledge that your Personal Data will be transferred from your location to the facilities and servers of Bluebird in the United States.

YOUR CHOICES

In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Services, you may be unable to use those features. You can also
contact us to ask us to update or correct your Personal Data.

CHANGES TO THE PRIVACY POLICY

The Service, and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

CONTACT US

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at
privacy@bluebird.cx.  


[Remainder of page intentionally blank]

Subject to the terms and conditions of this Agreement, Bluebird will make available to Customer
(including its Bluebird Platform Users (as defined below)) Bluebird’s software-as-a-service platform,
whereby Bluebird (a) allows Customer to send Customer-branded and/or personalized goods, gift cards, handwritten notecards, and promotional materials (“Products”) to Customer’s end customers, employees, or prospective customers and (b) analyzes certain data provided by Customer and Bluebird Platform Users and provides Customer with reports and notifications based on Bluebird’s analysis of such data (the “Platform”). The Platform enables Customer to build relationships and drive engagement with its end customers by placing orders for Products (“Orders”). Subject to the terms and conditions of this Agreement and solely to facilitate Customer’s access and use of the Platform, Bluebird will make available to Customer Bluebird’s browser extension, application programming interface(s), and related software applications, each in object code format only (the “Software” and together with the Platform, the “Bluebird Technology”). The Bluebird Technology will include any updates that are made generally available by Bluebird to its customers at no additional charge, but excludes any separate features or additional functionality or services that are made available by Bluebird for an additional charge.

GRANT OF RIGHTS; RESTRICTIONS

Subject to the terms and conditions of this Agreement, Bluebird will make available to Customer
(including its Bluebird Platform Users (as defined below)) Bluebird’s software-as-a-service platform,
whereby Bluebird (a) allows Customer to send Customer-branded and/or personalized goods, gift cards, handwritten notecards, and promotional materials (“Products”) to Customer’s end customers, employees, or prospective customers and (b) analyzes certain data provided by Customer and Bluebird Platform Users and provides Customer with reports and notifications based on Bluebird’s analysis of such data (the “Platform”). The Platform enables Customer to build relationships and drive engagement with its end customers by placing orders for Products (“Orders”). Subject to the terms and conditions of this Agreement and solely to facilitate Customer’s access and use of the Platform, Bluebird will make available to Customer Bluebird’s browser extension, application programming interface(s), and related software applications, each in object code format only (the “Software” and together with the Platform, the “Bluebird Technology”). The Bluebird Technology will include any updates that are made generally available by Bluebird to its customers at no additional charge, but excludes any separate features or additional functionality or services that are made available by Bluebird for an additional charge.

OWNERSHIP; RESERVATION OF RIGHTS; CUSTOMER DATA

Reservation of Rights. Subject only to the rights expressly granted to Customer under this Agreement, as between Bluebird and Customer all rights, title and interest in and to the Bluebird Technology and all reports, information, content and materials shared with Customer in connection therewith (“Bluebird Content”) will remain with and belong exclusively to Bluebird. Customer is permitted to make a reasonable number of copies of the Bluebird Content in the form provided by Bluebird, and Customer will use the Bluebird Content (including any such copies) solely for Customer’s internal business purposes.Feedback. Customer may elect from time to time to provide suggestions or comments regarding enhancements or functionality or other feedback to Bluebird with respect to the Bluebird Technology or other Bluebird products and services (“Feedback”). Bluebird will have full discretion to determine whether to proceed with the development of the requested enhancements, new features or functionality. Customer hereby grants Bluebird a royalty-free, fully paid up, worldwide, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to (a) copy, distribute, transmit, display, perform, and modify and create derivative works of the Feedback, in whole or in part; and (b) use the Feedback and/or any subject matter thereof, in whole or in part, including the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which incorporate, practice or embody, or are configured for use in practicing, the Feedback, in whole or in part.Customer Data.Customer will be solely responsible for the data collected from Customer and/or otherwise provided by Customer to Bluebird, including through the Platform, to enable the provision of the Platform to, and operation of the Bluebird Technology by, Customer or otherwise to perform its obligations hereunder (collectively, “Customer Data”). As between the Parties, Customer will retain all right, title and interest in and to the Customer Data.Customer hereby grants to Bluebird a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable right and license to copy, distribute, display, modify, create derivative works of and otherwise use the Customer Data to perform Bluebird’s obligations under this Agreement.Customer also hereby grants to Bluebird a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable and irrevocable license to copy, modify, process and create derivative works of Customer Data, in whole or in part, for the purpose of deriving anonymous statistical and usage data, and data related to the functionality of Bluebird’s products and services, provided such data cannot be used to identify Customer, its Bluebird Platform Users, or its end customers (“Anonymous Data”). Anonymous Data does not constitute Customer Data. Bluebird may use Anonymous Data for any purpose, including combining or incorporating such Anonymous Data with or into other data and information available, derived or obtained from other customers, licensees, users, or other sources and for improving Bluebird’s existing products and services, developing new Bluebird products and services and for marketing purposes (e.g., indicating the number of customers using Bluebird products and services and statistical information regarding Orders, pricing and conversion rates).Data Processing Addenda. To the extent Bluebird processes Customer Personal Data (as defined in the DPA) that is subject to the GDPR (as defined in the DPA), the GDPR Data Processing Addendum available at bluebird.cx/legal/DPA will apply (“DPA”). To the extent Bluebird processes Customer Personal Information (as defined in the CCPA Addendum) that is subject to the CCPA (as defined in the CCPA Addendum), the CCPA Addendum available at bluebird.cx/legal/CCPA will apply.Customer Brands. Subject to the terms and conditions of this Agreement, Customer hereby grants Bluebird a worldwide, non-exclusive, royalty-free, non-transferrable (except as set forth in Section 10.4), fully paid-up, royalty-free, sublicensable right and license to copy, use, display, distribute, modify, and create derivative works of Customer’s trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or other identification and content of Customer that Customer makes available to Bluebird (“Customer Content”) to brand and customize the Products in accordance with the applicable Order and perform Bluebird’s other obligations pursuant to this Agreement. Any other proposed use of the Customer Content will be subject to Customer’s prior written approval in each instance, except that Bluebird may display Customer’s name and logo on Bluebird’s website and in other marketing materials solely to identify Customer as a customer.

RESPONSIBILITIES

Customer Responsibilities. Bluebird Technology. Customer will (i) use commercially reasonable efforts to prevent unauthorized access to or use of the Bluebird Technology and notify Bluebird promptly of any such unauthorized access or use, and (i) use the Bluebird Technology only in accordance with the documentation, applicable laws and regulations and the terms of this Agreement. Products and Orders. When placing an Order, Customer may elect for Bluebird to personalize and brand for Customer a number of goods or promotional materials preconfigured within the Platform, or, subject to the below requirements, Customer may ship or have shipped to Bluebird other goods or promotional materials that it wishes Bluebird to make available for Customer’s Orders through the Platform (“Customer-Sourced Products”). If Customer elects to ship or have shipped to Bluebird any Customer-Sourced Products, Customer will inform Bluebird in advance in writing and may not arrange such shipment unless and until the parties mutually agree on delivery dates, shipping locations, and related terms. Once received and logged by Bluebird, Customer-Sourced Products will be available for Orders through Customer’s account and, for clarity, constitute “Products” hereunder. All costs of Products (including the personalization thereof and branding with the Customer Brands) and related shipping costs will be borne by Customer. Customer will provide to Bluebird all information necessary for Bluebird to perform its obligations under this Agreement. As between the parties, Customer will be solely responsible and liable for any Orders (including the accuracy and completeness of the Customer Data submitted in connection therewith) and all Products (including any costs related thereto).Bluebird Responsibilities.Platform. Bluebird will use commercially reasonable efforts to provide the Platform in a manner that minimizes errors and interruptions in accessing the Platform. Bluebird will provide second tier technical support to Bluebird Platform Users for issues and questions arising from the operation of the Bluebird Technology. Bluebird will implement and maintain reasonable administrative, physical and technical safeguards which attempt to prevent any collection, use or disclosure of, or access to Customer Data that this Agreement does not expressly authorize.Orders. Bluebird may subcontract or otherwise delegate responsibilities for Orders (including deliveries) through its third-party contractors. Bluebird (including its subcontractors) is a bailee with respect to Products and is forwarding Products to the applicable end customer on Customer’s behalf, and Bluebird (including its subcontractors) is neither a seller nor a distributor of any Products. Title to all Products will at all times remain with Customer until delivered to the applicable end